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TERMS
OF USE
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The
terms "we", "us" and "Company" refers to NTT
Cargo, its affiliates and/or their respective
suppliers and providers (NTT Cargo), and "you"
refers to the corporate or individual cargo
customer booking a cargo service directly or
indirectly through any of our affiliates through
whom we provide services. All Cargo you book
through us are subject to our terms & conditions
of carriage which is available on request and
the following terms, conditions and notices
as they exist at the time the reservation is
made (held). We reserve the right to change
these terms, conditions and notices and you
agree to accept and be bound by the terms, conditions
and notices that are in effect at the time of
your use of our website and other facilities.
(and till the services been utilized).
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PERSONAL
AND NONCOMMERCIAL USE LIMITATION |
This website is for your company, corporation
bookings either for business or personal requirements
and strictly noncommercial use. The content
and information on this website (including,
without limitation, price and availability of
travel services), as well as the infrastructure
used to provide such content and information,
is proprietary to NTT Cargo. You agree not to
modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create
derivative works from, transfer, or sell or
re-sell any information, software, products,
or services obtained from this website. In addition,
whether or not you have a commercial purpose,
you agree not to:
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access,
monitor or copy any content or information
of this website using any robot, spider,
scraper or other automated means or any
manual process for any purpose without express
written permission of NTT Cargo;
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violate
the restrictions in any robot exclusion
headers on this website or bypass or circumvent
other measures employed to prevent or limit
access to this website; |
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take
any action that imposes, or may impose,
in the discretion of NTT Cargo, an unreasonable
or disproportionately large load on the
NTT Cargo infrastructure; or |
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deep-link
to any portion of this website (including,
without limitation, the purchase path for
any travel services) for any purpose without
express written permission of NTT Cargo. |
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| COPYRIGHT
NOTICE |
| All contents
of this website are copyrighted © 1995-2008
NTT Cargo. All rights reserved. |
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| TRADEMARK
NOTICE |
NTT Cargo, the NTT Cargo logo are trademarks
or registered trademarks in the Oman and/or
other countries. Other product and company names
mentioned herein may be the trademarks of their
respective owners. |
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| LIABILITY
DISCLAIMER |
The information, software, products, and services
published on this website may include inaccuracies
or typographical errors. In particular, NTT
Cargo does not guarantee the accuracy of, and
disclaim liability for inaccuracies relating
to supplier photographs and other product descriptions
displayed on this website, much of which information
is provided by the respective suppliers. NTT
Cargo may make improvements and/or changes on
this website at any time.
NTT Cargo makes no representations about the
suitability of the information, software, products,
and services contained on this website for any
purpose, and the inclusion or offering for sale
of any products or services on this website
does not constitute any endorsement or recommendation
of such products or services by NTT Cargo. All
such information, software, products, and services
are provided "as is" without warranty of any
kind. NTT Cargo hereby disclaim all warranties
and conditions with regard to this information,
software, products, and services, including
all implied warranties and conditions of merchantability,
fitness for a particular purpose, title, and
noninfringement.
All products and services sold through NTT Cargo
channels are not an offer by NTT Cargo to sell
any product or service, but an invitation to
you to make an offer to our suppliers. We are
free to accept that offer on behalf of those
suppliers or to reject it.
The airlines, shipping lines and other supliers
providing cargo or other services for NTT Cargo
are independent contractors and not agents or
employees of NTT Cargo. NTT Cargo is not liable
for the acts, errors, omissions, representations,
warranties, breaches or negligence of any such
suppliers or for any personal injurieis, death,
property damage, or other damages or expenses
resulting therefrom. NTT Cargo has no liability
and will make no refund in the event of any
delay, cancellation, overbooking, strike, force
majeure or other causes beyond their direct
control, and they have no responsibility for
any additional expense, omissions, delays, re-routing
or acts of any government or authority.
In no event shall NTT Cargo be liable for any
direct, indirect, punitive, incidental, special,
or consequential damages arising out of, or
in any way connected with, the use of this website
or with the delay or inability to use this website,
or for any information, software, products,
and services obtained through this website,
or otherwise arising out of the use of this
website, whether based on contract, tort, strict
liability, or otherwise, even if NTT Cargo,
has been advised of the possibility of damages.
Because some states/jurisdictions do not allow
the exclusion or limitation of liability for
consequential or incidental damages, the above
limitation may not apply to you.
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INDEMNIFICATION
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You agree
to defend and indemnify the Company, its affiliates,
and/or their respective suppliers and any of their
officers, directors, employees and agents from
and against any claims, causes of action, demands,
recoveries, losses, damages, fines, penalties
or other costs or expenses of any kind or nature
including but not limited to reasonable legal
and accounting fees, brought by:
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you or on your behalf in excess of the liability
described above; or |
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by
third parties as a result of: |
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- your breach
of this agreement or the documents referenced
herein;
- your violation
of any law or the rights of a third
party; or
- your use of
this website.
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| NO
UNLAWFUL OR PROHIBITED USE |
| As a condition
of your use of this website, you warrant that
you will not use this website for any purpose
that is unlawful or prohibited by these terms,
conditions, and notices. |
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| LINKS
TO THIRD-PARTY SITES |
| This website
may contain hyperlinks to websites operated by
parties other than NTT Cargo. Such hyperlinks
are provided for your reference only. NTT Cargo
does not control such websites and is not responsible
for their contents or your use of them. NTT Cargo's
inclusion of hyperlinks to such websites does
not imply any endorsement of the material on such
websites or any association with their operators.
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| SOFTWARE
AVAILABLE ON THIS WEBSITE |
Any software that is made available to download
from this website ("Software") is the copyrighted
work of NTT Cargo. Your use of the Software
is governed by the terms of the end user license
agreement, if any, which accompanies, or is
included with, the Software ("License Agreement").
You may not install or use any Software that
is accompanied by or includes a License Agreement
unless you first agree to the License Agreement
terms.
For any Software not accompanied by a License
Agreement, NTT Cargo hereby grants to you, the
user, a personal, nontransferable license to
use the Software for viewing and otherwise using
this website in accordance with these terms
and conditions and for no other purpose.
Please note that all Software, including, without
limitation, all HTML code and Active X controls
contained on this website, is owned by NTT Cargo,
and is protected by copyright laws and international
treaty provisions. Any reproduction or redistribution
of the Software is expressly prohibited by law,
and may result in severe civil and criminal
penalties. Violators will be prosecuted to the
maximum extent possible.
Without limiting the foregoing, copying or reproduction
of the software to any other server or location
for further reproduction or redistribution is
expressly prohibited. The software is warranteed,
if at all, only according to the terms of the
license agreement.
You acknowledge that the Software and any accompanying
documentation and/or technical information are
subject to applicable export control laws and
regulations of the United States of America
("USA"). You agree not to export or reexport
the Software, directly or indirectly, to any
countries that are subject to USA export restrictions.
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| MODIFICATION
OF THESE TERMS AND CONDITIONS |
NTT Cargo reserves the right to change the terms,
conditions, and notices under which this website
is offered and you agree to accept and be bound
by those terms, conditions, and notices that
are in effect at the time of your use of NTT
Cargo's website and facilities. |
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| GENERAL |
By using this website or booking a cargo service
through us you agree that the internal laws
of the Sultanate of Oman, without regard to
the principles of conflicts of laws, will govern
this agreement and any dispute of any kind that
arises between you and the Company or its affiliates.
You hereby agree that any dispute arising from
or relating to the use of this website or hotel
reservations made through us may, if not amicably
resolved, be resolved only through binding arbitration
between you and us under the commercial rules
of the laws of Sultanate of Oman. This arbitration,
which shall be conducted in Oman before neutral
arbitrators, shall not involve other customers,
be combined with separate arbitrations involving
other customers, or proceed as any type or form
of class action in which the claims of similarly-situated
customers are pursued together. Use of this
website is unauthorized in any jurisdiction
that does not give effect to all provisions
of this agreement, including, but not limited,
to this paragraph. We reserve the right to comply
with law enforcement requests or requirements
relating to your use of this website or information
provided to or gathered by the Company with
respect to your use of this website. If any
provision of this agreement is determined to
be invalid or unenforceable pursuant to applicable
law by any court of competent jurisdiction,
the other provisions of this agreement will
remain in full force and effect.
www.nttomancargo.com does not make any warranty
that the website is free from infection by viruses
or anything else that has contaminating or destructive
properties.
You agree that no joint venture, partnership,
employment, or agency relationship exists between
you and the Company as a result of this agreement
or use of this website.
We reserve the right to comply with law enforcement
requests or requirements relating to your use
of this website or information provided to or
gathered by the Company with respect to your
use of this website.
If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty
disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable
provision that most closely matches the intent
of the original provision and agreement shall
continue in effect.
This agreement (and any other terms and conditions
referenced herein) constitutes the entire agreement
between the customer and the Company with respect
to this website and it supersedes all prior
or contemporaneous communications and proposals,
whether electronic, oral, or written, between
the customer and the Company with respect to
this website. A printed version of this agreement
and of any notice given in electronic form shall
be admissible in judicial or administrative
proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions
as other business documents and records originally
generated and maintained in printed form.
Fictitious names of companies, products, people,
characters, and/or data mentioned herein are
not intended to represent any real individual,
company, product, or event. Any rights not expressly
granted herein are reserved. |
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| Miscellaneous |
You accept financial responsibility for all
transactions made under your name or account.
In order to make a purchase you must be over
18 years old be purchasing for yourself and
have the legal capacity to make the transaction.
You must make sure that all the information
you provide to us is true and accurate. You
must not use the website for speculative, false
or fraudulent bookings.
The transmission of threatening, defamatory,
pornographic, political or racist material or
any material that is otherwise unlawful is expressly
prohibited. |
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| USE
OF NTT Cargo WEBSITE |
The NTT Cargo website is provided solely to
assist customers in determining the availability
of travel-related goods and services and to
make legitimate reservations or otherwise transact
business with suppliers, and for no other purposes.
You warrant that you are at least 18 years of
age and possess the legal authority to enter
into this agreement and to use this website
in accordance with all terms and conditions
herein. You agree to be financially responsible
for all of your use of this website (as well
as for use of your account by others, including,
without limitation, minors living with you).
You agree to supervise all usage of this website
by minors under your name or account. You also
warrant that all information supplied by you
or members of your household in using this website
is true and accurate. Without limitation, any
speculative, false, or fraudulent reservation
or any reservation in anticipation of demand
is prohibited. You agree that the travel services
reservations facilities of this website shall
be used only to make legitimate reservations
or purchases for you or for another person for
whom you are legally authorized to act. You
understand that overuse or abuse of the travel
services reservation facilities of this website
may result in you being denied access to such
facilities.
Separate terms and conditions will apply to
your reservation and purchase of travel-related
goods and services that you select. You agree
to abide by the terms or conditions of purchase
imposed by any supplier with whom you elect
to deal, including, but not limited to, payment
of all amounts when due and compliance with
the supplier's rules and restrictions regarding
availability and use of fares, products, or
services. You understand that any violation
of any such supplier’s conditions of purchase
may result in cancellation of your reservation(s)
or purchase, in your being denied access to
any flights, hotels, or automobiles, in your
forfeiting any monies paid for such reservation(s)
or purchase, and in NTT Cargo debiting your
account for any costs NTT Cargo incurs as a
result of such violation. You shall be completely
responsible for all charges, fees, duties, taxes,
and assessments arising out of the use of this
website. |
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NTT Cargo is not responsible for content on external
web sites. Copyright © 1995-2009 NTT Cargo. All
rights reserved. |
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